586 P.2d 532 THE STATE OF WASHINGTON, Respondent, v. DONNIE RAY STIRGUS, Appellant. No. 5540-1.The Court of Appeals of Washington, Division One. October 23, 1978. [1] Rape — Kidnapping — Merger — Determination. Whether an act of kidnapping is incidental to a rape, and the separate crimes are therefore merged, is a question of fact. […]